Lee Jae-myung, Facing 'Second Trial Verdict on Election Law', Files Additional Request for Constitutional Review with the Court

Request for Constitutional Review of Article 250, Paragraph 1 of the Public Official Election Act Also Filed Last Month on the 4th
If the Court Accepts the Request, Trial Will Be Suspended Until the Constitutional Court’s Ruling

Lee Jae-myung, leader of the Democratic Party of Korea, has been confirmed to have additionally submitted a request for a constitutional review to the appellate court handling his violation of the Public Official Election Act case.

Lee Jae-myung, leader of the Democratic Party of Korea, is speaking at the Supreme Council meeting held at the National Assembly on the 12th. 2025.3.12 Photo by Kim Hyun-min

According to the legal community on the 12th, Lee's side submitted the request for a constitutional review to the Seoul High Court Criminal Division 6-2 (Presiding Judges Choi Eun-jung, Lee Ye-seul, and Jung Jae-oh) the day before. Previously, on the 4th of last month, Lee had also submitted a request for a constitutional review regarding Article 250, Paragraph 1 of the Public Official Election Act. It is not known which specific legal provisions were requested to be judged unconstitutional by the Constitutional Court in this latest submission.

A request for a constitutional review is a system where, if the constitutionality of a law applied to a party is a premise of the trial, the court may, either on its own authority or upon the party's request, refer the constitutional review to the Constitutional Court through the court. When the court accepts the request and decides to refer it, it sends a decision document to the Constitutional Court, which then proceeds with the review process. During the Constitutional Court's review, the trial is suspended. If the court dismisses the party's request, the party can immediately file a constitutional complaint to the Constitutional Court for review. However, in this case, there is no effect of suspending the trial.

The appellate trial for Lee's election law violation case concluded its hearing on the 26th of last month and is scheduled for sentencing on the 26th of this month. The first trial court sentenced Lee to one year in prison with a two-year probation last November, which is a sentence that would invalidate his election.

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